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Asked 6 months ago - Los Angeles, CA
FlagI have a retirement plan of around thirty thousand, but both my husband and I dont want to touch the plan. We decided that we will divide everything else up evenly and leave the retirement as is. Will a stipulation agreement signed by both sides be enough to leave the retirement plan alone?
Yes. However, you will need language such as "Husband agrees to waive any claim to any part of the community interest retirement account, including any known or unknown retirement accounts. Husband also agrees to terminate jurisdiction over the issue of Wife's retirement account and is informed and acknowledges that he may never petition any Court of any jurisdiction for a share of the community interest in Wife's retirement account or accounts. Husband further understands that this waiver may result in an unequal distribution of the community assets and waives any right to any equalization distribution or payment"
Congratulations on being able to resolve everything without an all out divorce court battle. Your questions carries some complexities that cannot be fully addressed on a public forum such as this. This is where what you don't know can really come back to bite you later on. While it may be cheaper in the short run to do this without an attorney knowledgeable in this field, later on, it can cause a much more expensive, complicated situation. You need proper language AND disclosures to do this right. There are many attorneys who charge a low flat rate for "unbundled services", such as preparing your judgment and/or disclosures. It's worth the investment so that you don't pay a greater price later on.
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